Gauhati High Court
Debajyoti Nath vs The State Of Assam And Anr on 19 December, 2022
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GAHC010257492022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./590/2022
DEBAJYOTI NATH
S/O LATE MATINDRA CH. NATH
R/O JYOTI NAGAR MORIKOLONG, P.O. AND P.S. NAGAON
DIST. NAGAON, ASSAM
CONT. NO. 9859043615 (M)
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY THE PP, ASSAM
2:SMT. JYOTSNA DEBNATH
W/O SRI DEBAJYOTI NATH
D/O MADAN CH. DEBNATH
R/O GOROIMARI
P.O. BOKAJAN
P.S. ALONIBARI
DIST. SONITPUR
ASSAM
PIN-78210
Advocate for the Petitioner : MR A ALI
Advocate for the Respondent : PP, ASSAM
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BEFORE
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
19.12.2022 Heard Mr. A. Ali, learned counsel for the petitioner. Also heard Ms. N. Das, learned Additional Public Prosecutor for the State respondent.
This is an application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973, praying for quashing and suspending the impugned order dated 09.11.2022, passed by the learned Sessions Judge, Sonitpur at Tezpur, in Crl. Appeal No. 04(S-1)/2022, arising out of C.R. (DV) Case No. 277/2020.
The learned counsel for the petitioner has submitted that the respondent No. 2 preferred an appeal before the learned Sessions Judge only on the ground that while allowing the monthly maintenance, the learned Magistrate did not consider the assets and liabilities of the respondent No. 1 and passed the order of maintenance for Rs. 4,000/- per month only. But, the respondent No. 2 could have filed another petition for enhancement of the maintenance as per Section 25(2) of the said Act and there cannot be any ground preferring appeal against the order passed by the learned Magistrate. Accordingly, the learned counsel for the petitioner has submitted that the enhanced monthly maintenance passed by the learned Appellate Court be stayed till disposal of the present petition. Further, they are ready to pay the monthly maintenance as per order passed by the learned Magistrate in C.R. (DV) Case No. 277/2022.
Issue notice to the respondents, returnable within 4 (four) weeks.
Page No.# 3/3 Since Ms. N. Das, learned Additional Public Prosecutor, Assam, has entered appearance and accepted notice on behalf of the State respondent No. 1, no formal notice is required to be issued to the said respondent. However, she shall be provided with requisite extra copy of the petition during the course of the day.
The learned counsel for the petitioner shall take steps for service of notice on respondent No. 2 by registered post with A/D as well as by usual process within a week from today.
Call for the scanned copy of the record of C.R.(DV) Case No. 277/2020 from the Court of learned Judicial Magistrate First Class, Tezpur, and Crl. Appeal No. 04(S-1)/2022 from the Court of learned Sessions Judge, Sonitpur at Tezpur.
Further, considering the submissions of learned counsel for the petitioner and also considering the materials placed on record, operation of impugned order dated 09.11.2022, passed by the learned Sessions Judge, Sonitpur at Tezpur, in Crl. Appeal No. 04(S-1)/2022, arising out of C.R. (DV) Case No. 277/2020, shall remain stayed till returnable date.
However, in the meantime, the present petitioner will continue to pay the maintenance as per direction of the learned Judicial Magistrate First Class, Tezpur, as per order dated 15.02.2022, in C.R. (DV) Case No. 277/2020.
List the matter after 4 (four) weeks.
JUDGE Comparing Assistant